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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 113486
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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XXXXXXX my question is regarding pension plan butchers local

Customer Question

Hi my name is***** my question is regarding pension plan butchers local 120 meat cutters I took an early retirement in 2005 because of back injury. I took the 229.00 for 2005 until 7/1/2015 age 60
I have this in writing they won't honor my pension only the early retirement which it states what it will do on said date you can call me at XXXXXXXXXXX
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have a written agreement with the pension that your plan would pay you the reduced amount until you are 60 and then it would go to your regular amount and that written agreement is in accordance with your plan's description at the time you took the disability, then they have to honor it. If they refuse to honor the agreement, then your sole recourse in the matter is you have to file a breach of contract and a suit under the Employee's Retirement Income Security Act to get the court to review the plan wording at the time you took the disability together with the written agreement you have.

So your recourse here is that if they will not honor your agreement and also the pension plan description, you have to file suit in court to get them to declare the rights you have in accordance with the plan and order payments in accordance with the plan and agreement they provided you in writing.

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